Wakilii

John Sebwato & Anor v Uganda (Misc. Cr. Appl. No. 198 1989)

High Court · [1990] UGHC 7 · 1990 Bail Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail in treason prosecution pending committal for trial
Decision
Applicants granted bail pending committal for trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that applicants charged with treason and remanded for 28 months satisfied the statutory exceptional circumstances requirement under s.14A(2)(b) of the Trial on Indictments Decree 1971, which defines exceptional circumstances to include remand for 15 months or more. Bail granted with cash deposit, sureties, and monthly reporting conditions.

Outcome

Applicants granted bail pending committal for trial

Facts

The two applicants were charged on 26 October 1987 along with six others with engaging in acts of terrorism under s.28(2) of the Penal Code Act. On 15 December 1988, the terrorism charge was withdrawn and replaced with the graver charge of treason under s.25(1)(c) of the Penal Code. All eight accused persons remained on the charge sheet. The applicants had been on remand for upwards of 28 months since first appearing in court. They applied for bail. The State Attorney did not object to their release on the same conditions previously granted to a co-accused, Paulo Kawesa, by Byamugisha J. on 9 March. The applicants had not yet been committed to the High Court for trial.

Issues

  1. Whether exceptional circumstances exist justifying the applicants' release on bail after 28 months on remand.
  2. Whether the applicants are likely to abscond if released on bail.

Orders

  • Bail granted to each applicant on the following conditions:
  • Each applicant to deposit Shs. 30,000 cash.
  • Each applicant to provide two sureties bound in the sum of Shs. 100,000 not cash.
  • Each applicant to report to Chief Magistrate's Court, Buganda Road every 30 days from date of release.
  • If conditions not fulfilled, each applicant to go back on remand.

Rules and key headnotes

Bail — Exceptional Circumstances — Extended Remand Period
Under s.14A(2)(b) of the Trial on Indictments Decree 1971, exceptional circumstances justifying release on bail include remand in custody for a period of 15 months or more, unless the applicant has already been committed to the High Court for trial.
Bail — Non-Bailable Offences — Statutory Conditions
Offences of terrorism and treason are not bailable unless the conditions of s.14A(1) of the Trial on Indictments Decree 1971 are fulfilled, namely that exceptional circumstances exist justifying release on bail and that the applicant will not abscond when released.
Bail — Conditions — Gravity of Charge and Length of Remand
Where applicants charged with grave offences have overstayed on remand and satisfied the statutory provisions for bail, the court should grant bail notwithstanding the gravity of the charges and uncertainty as to when committal for trial will occur.

Legislation cited (5)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

John Sebwato & Anor v Uganda (Misc. Cr. Appl. No. 198_1989) [1990] UGHC 7 (12 March 1990)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.